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(영문) 부산지방법원 2019.10.23 2018가합40016
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs are individual business operators and corporations engaged in the manufacture of parts for each vessel, the construction of vessels, and the construction of repair works. The Defendant is a corporation engaged in the construction, repair, etc. of vessels.

B. On April 6, 2011, Plaintiff A entered into a basic contract for subcontract transactions, the main contents of which are the following matters with the Defendant, and Plaintiff B (hereinafter “Plaintiff B”) succeeded to Plaintiff B and the Plaintiff C (hereinafter “Plaintiff C”) entered into a basic contract for subcontract transactions with each Defendant around July 1, 2013 by succeeding Plaintiff B, and around August 26, 2015.

On December 23, 2011, Plaintiff D entered into a basic contract for subcontract transactions, the main contents of which are the following matters with Defendant, and Plaintiff E (hereinafter “Plaintiff E”) succeeded to Plaintiff D and entered into a basic contract for subcontract transactions with Defendant around July 1, 2013.

(hereinafter collectively referred to as “instant basic contract.” The Defendant (hereinafter referred to as “A”) and each of the Plaintiffs (hereinafter referred to as “B”) concluded the following basic contract for subcontract transactions of the Corporation, which Company A received, on the basis of mutual respect and the principle of good faith, with respect to the subcontract transactions of the Corporation that Company A received.

Article 1 (Basic Principles) (1) A and B shall enter into an individual annexed contract under the basic contract and the basic contract (hereinafter referred to as "individual contract") on an equal footing with each other and fairly enter into a contract through mutual agreement, and their trade shall be in good faith and sincerity.

(2) A and B shall comply with the Fair Transactions in Subcontracting Act, the Monopoly Regulation and Fair Transactions Act, and relevant Acts and subordinate statutes in the performance of a basic contract.

Article 3 (Contents of Individual Contracts) (1) The name of construction, details of construction, quantity, unit price, and unit price of each contract.

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